“exanistconzemiconzen_ 071M / G I megane’ BTR "To enable the admission of the trsitory of Puerto Rito into the Union ‘asa State, and for other parposes, IN THE HOUSE OF REPRESEN'ATIVES. Miws donAniz-Cor4x of Puerto Rien introduce the flloming il hie ‘wo erred to the Commits on A BILL ‘To enable the admission of the territory of Puerto Rico into the Union as a State, and for othe purposes. 1 Beit enucted by the Senate und House of Representa tives of the United States of America in Congress assembled, SECTION 1, SHORT TITLE, ‘This Act may be cited as the “Puerto Rico Admission Act of 2018”. 2 3 4 5 6 SEC. 2. FINDINGS. 7 Congress finds the follencing 8 (1) Puerto Rico was ceded to the United States 9 and came under this Nation’s sovereignty pursuant macoscersceasacetsen (essa) Sewonsoaiiiscem)om scowzemconzee 691304 em aanneun 10 12 13 14 15 16 7 18 19 20 a 2 2 to the Treaty of Paris ending the Spanish-American War in 1898, Article IX of the Treaty of Paris: ree- ognized the authority of Congress to provide for the politcal status of the inhabitants of the territory. Pherto Rico remained under the dirvet control of United States military forces until Congress enacted the Foraker Act (Publie Law 56-191) on April 12, 1900, bringing a civilian governmeat, appointed by the President of the United States, to the land. (2) Consistent with the establishment of United States nationality for the inhabitants of Puerto Rico under the Treaty of Paris, in 1917, Congress exe ised its powers under the Territorial Clause of the United States Constitution (article IV, section 3, clause 2) to provide for the United States citizenship status of persons bom in Puerto Kieo (Public Law 64368). (8) Under rulings of the United States Su- preme Court, ineluding Butea v. People of Porto Rico, 258 US. 298 (1922), only ambiguous, ineon- sistent and indirvet application of the United States Constitution has been established in. the unineor- porated torvitories of the United States including Puerto Rico. qivracecanteonaencied (nse Since taka)“exanistconzrmconzne 031 XM, 3 (4) In 1950, Congress preseribed a. procedure for instituting limited internal self-government for Puerto Rico pursuant to statutory authorization for 4 local constitution (Public Law 81-600). As a re- sult, a local constitution was approved by the people of Puerto Rico, ratified by Congress, subject to eon- forming amendments enacted by Puerto Rico, and thereupon given effect in 1952 (5) The approved constitution sstablished a re- publican form of government in conformity with the United Statos Constitution and the principles of the Declaration of Independence and is the functional equivalent of a State constitution, but did not re- strict the authority of Congress under the ‘Territorial Clause to determine the application, of Federal awe to Puerto Iieo, Congress? plenary yower under the ‘Territorial Clause was most recently and dramati- cally evideneed in 2016 with the enactment of the Puerto Rico Oversight, Management, and Reonomie Stability Act (Publie Law 114-187), (6) Congressional policies to date have disenfranchised the approximately 3,400,000 United States citizens residing in Puerto Rieo who do not enjoy a democratic form of government at the na- tional level as they cannot vote in the election of the eumcosesuseasteoteant esses) iinsam)cxxnisiconzemscowzr. 031 6 4 President and Viee President of the United States, are not represented in the United States Senate, and only have one Resident, Commissioner in the United States House of Representatives, who can only vote in the Congressional committees to which she or he is assigned, (7) Parthermore, the Federal Government may, and often does, treat the United Suates citizens re- si ng in Puerto Rico unequally under most Federal programs and other laws applicable to the several Statos and their residents, In its December 14, 2016, Report to Congress, the Congressional ‘Task Fore on Economie Growth in Puerto Rico estab- lished that the territory is not treated equally with the States under more than 40 Federal statutes, (8) ‘The limitations of, and unequal treatment under, tervitory status has left Puerto Rico under= developed when compared to the States and has sub- stantially contributed to its fiseal and economic eri- is, forcing a massive exodus that has rosulted 5,400,000 United States citizens of Puerto Riean ancestry living in the United States mainland, (9) Puerto Rico has heen under United States sovereignty and within the United States customs territory for close to 120 years, making Puerto Rico auirLoneasismasreostien —_(ses09) aoa iatttasem)5 the oldest, langest, and most populous colony in the world, yet Congress has failed to respond to the peo- ple of Puerto Rico's continned quest for equality and selFdetormination, (10) It has been the longstanding poliey of the United States that the United States citizens of a territory ean democratically determine whether it should eventually become @ State or @ sovereign na- tion. (11) On November 6, 2012, the Government of Puerto Rico held a locally sanctioned, two-part plebi- seite, This plebiseite was consistent with the ree- ommendations: set forth by the President's. Task Foree on Puerto Rio's Status Report to Congress of March 2011. ‘The first question asked if Puerto Rico should continue to be a territory of the United States, and 54 percent of the vote-s rejected terri: tory status. The second question asked the voters to express their preference among the three possible and. internationally recognized _perman it altor- natives to territory status—statchoed, independence, for nationhood in free assoviation with the United States—and 61 pereent of the voters who selectod an option chose statehood. ‘The mumber of votes east for statehood on the second question exceeded the viiconssecezsisonone — osisnm) Sino 28 rissa)‘onan sconzmconze ao1.XML ee ranean 10 u 2 13 4 15 16 7 18 19 20 2 22 2B Pr 25 6 number of votes cast for continued territory status on the first question. (12) On June 11, 2017, the Government of Puerto Rivo held yet another status plebiscite to rat- ify the results of the 2012 vote, on « ballot amended to specifically comply with the United States De- partment of Justice’s requirements pursuant to Pub- lie Law 113-76. In this plebiseite, statehood re- ceived 97 pervent, free assoviation/ndependence re- ceived 1.5 pervent, and current tertitorial status re- ceived 1.3 pervent of the votes east. (13) Puerto Rieans have eontributed greatly to the Nation in all fields of endeavor, both in war and in peace. Over 250,000 have served in the United States Armed Forces, many paying the ultimate sae~ riflee. ‘They not only deserve, but have earned the right to have their voiees heard, (14) Last year marked the 100th anniversary of the granting of United States citizenship to the people of Puerto Rico by Congress, who remain disenfranchised and trapped in a second-class viti- zeuship that denies them the same rights and mo sponsihilities as their fellow citizons in the States. (15) Equality within the Nation is required for a healthy Ameriean economy and essential for Puer~ vHLcossteoraeostunt (xs ieaeaoettiasam)onyausaonzrnconzen 0013 7 to Rico's social and economic well-being as well as for basic reasons of democracy. Puorto Rigo should be transitioned into equality within the Union, SEC. 8, PURPOSE, ‘The purpose of the Aet is to respon to, and comply with, the democratic will of the United States citizens re- siding in Puerto Rieo as expressed in the plebiseites held ‘on November 6, 2012, and June 11, 2017, by setting forth the terms for the admission of the territory of Puerto Rico as a State of the Union. SEC. 4 ADMISSION. Subject to the provisions of this Aet, and upon the issuance of the proclamation by the President of the United States required hy section 6 of this Act, the terri- tory of Puerto Rico thereupon shall become a State of the United States, and admitted into the Union on an equal footing and in trae permanent union with the other States in all respects whatsoever. SEC. 5. TRANSITION PROCESS. (a) Stare Coystrrutios.—The constitution of the ‘State of Puerto Rico shall always be resubliean in form ‘and shall be in conformity with the Constitution of the United States, The current constitution of Puerto Rico is deemed to be republican in form and in conformity with sivnicoezerecmanoetant (ssn) Saws te(itasam)onaisiconzrmconzen 691.XM 8 the Constitution of the United States and is hereby ae- cepted as the constitution of the State of Puerto Rico, (b) Puapiscrre Resuues Damen SUFFICIENT — Tnmediately upon the enactment of this Aet, the results ‘of the November 6, 2012, and June 11, 2017, status plebi- scites are deemed sulficient to trigger the transition proc- ‘ess to Statehood set forth in this seetion. This section dows not preclude additional demoeratie solf-dotermination, ‘under local or Federal law. (e) Task Force oN Equanmy For THe UNirep, ‘States Crrizens or PuERTO Rico.- (1) ESTABLISHMENT.—There is established within the legislative branch a Congressional ‘Task Foree on Equality for the United States Citizens of Puerto Rico (hereinafter referred to as the “Task Force”) (2) DuTms—The Task Force shall— (A) survey the laws of the United States: and make recommendations to Congress and ‘the President of the United States as to how Jaws that do not apply to the territory of Puer- to Rico or apply differently to the territory than to the soveral States should be amended or re- pealed to phase-in equal trea:ment of Puerto Sevoszoitiacem)9 Rico with the several States, as appropriate, no later than January 1, 2021; (B) make recommendations on_ potential temporary economie measures to assist Puerto ion from a territory to a State, seeking the greatest degree of flexibility for the ph tment of the territory's economy’ through fiseal Rico's tra of Federal programs and the develop- incentives, alternative tax arrangements, and other measures; (C) propose timelines and rules guiding cleetions for Federal offices; and (D) study the effect of Puerto Rico's ad- mission as a State on the existing apportion iment in the House of Represencatives, (8) MEMBERst—The Task Force shall be comprised of 9 Members as follows: (A) 4 Members of the House of Represent- atives, 2 of whom shall be appointed by the Speaker of the House of Representatives, and 2 of whom shall be appointed by the minority leader of the House of Representatives. (B) 4 Members of the Senate, 2 of whom shall be appointed by the majosity leader of the eimicossssoraiacouen (ses) Seas a8 1434)Lexum SCONZPRCONZIR O31 ML 10 Senate, and 2 of whom shall be appointed by the minority leader of the Senae, (C) The Resident Commissioner of Puerto Rivo. (4) DEADLINE FoR aPPoITUEWT—Appoi ments to the Task Forve shall be mae not later than 30 days after the date of ennetment of this At (5) Crate —The Speaker of the House of Rep- resentatives shall designate one Member to serve as Chair of the Task Foree, (6) Vacancres—Any vaeaney in the Task Force shall be filled in the same manner as the original appointment (7) AcENcy coorEnarton —The Departments, and agencies of the exeeutive branch and all offices and entities of the legislative branch of shall— (A) cooperate with the Task Foree in car- rying out its duties; and (B) furnish it with such information and technical assistance as may be requested, in- cluding, but not limited t0, viows, recommenda tions, and drafting sorvices en the measures needed to fulfill the Task Foree’s mandate. (8) Repowrs— Lconsremecett (ens) Sieasaossam)emnisiconzen.conzen. 031 6, earraneune 10 n 12 13 4 15 16 7 18 19 20 a 2 2B 24 25 u (A) Not later than 270 calendar days after its establishment, the Task Feree shall submit a preliminary report of its recommendations to the House of Representatives, the Senate, and tho Pres (B) Not later than 120 ealendar days after ‘the submission of the prolimixary report, the ‘Task Forve shall submit a final report of its rocommendations to the House of Representa tives, the Senate, and the President of the United States. (C) To the greatest extent practicable, the reports issued pursuant to subparagraphs (A) ‘and (B) shall reflect the sharcd views of all Members of the Task Force but the reports ray contain dissenting views. (9) CononesstonaL, rvTENT—The enactment of this Act expresses the intent of Congress to pass legislation based upon the Task Force's final report (10) Texaersat10N —Upon issuing the final re- port under paragraph (8)(B), the Task Foree shall terminate, (11) Iirtesentartoy.—Upon reeeipt of the final Task Foree Report under paragraph (8)(B), Congress shall ensure that, as appropriate, Federal aiveicuscereresr8stt (asst) Areas sontasem)emessconzm.conzrn 691M 12 laws that do not apply to Puerto Rieo or apply dif- forently to the territory than to the several States tare amended or repealed to phase-in the equal treat- mont of Puerto Rieo with the several States no later than Jamary 1, 2021, Generally, as part of the transition process— (A) all Acts, or parts of Aets, in conflict ‘with the provisions of this Act, whether passed by the Logislatare of Puerto Rieo or by Con- seress, shall be repealed or amencled to conform to the provisions of this Act; (B) Puerto Rico will cease to be an unin- corporated territory of the United States and will become an incorporated territory of the United States until its final admission into the Union as a State no later than January 1, 2021; and (C) with the exception of those parts that ‘are not in conflict with this Act, the following, shall be repealed: (i) The Puerto Riean Federal Rela- tions Act of 1950 (Public Law 81~ 600). (ii) The Act of Juy 3 1950 (48 USC. T31-T31e). evilomrasioszsisoeiomt —se8500) Sas anatssam)‘exyniconzrmsconZen O31 XM B (ii) "The Act of April 12, 1900 (Publie Law 56-191), (iv) The Act of March 2, 1917 (Public Law 64-368). 'SEC. 6, ISSUANCE OF PRESIDENTIAL PROCLAMATION. Following the completion of the transition process set issue a proclamation declaring that Puerto Rico is admit- ted into the Union on an equal footing with the other States, effevtive no Inter than Jamuary 1, 2021. Upon issuance of the proclamation by the President, Puerto Rico shall cease to be an incorporated tomitory of the United States and he deemed admitted into the Union as a State SEC. 7. STATE OF PUERTO RICO. Upon the admission of Puerto Rico into the Union asa Stato the following apply (1) PareeToRY.—The newly admitted State of Puerto Rico shall consist of all its islands, together with their appurtenant ree(s and tervtorial waters im the seaward boundary, presently under the jurisdi tion of the territory of Puerto Rico, (2) Contry oF GovERNaENT—Persons holding legislative, exeeutive, and jadicial offices in the government of Puerto Rico shall continue to ‘charge the duties of their respective offices con- pomucosceaceara.eke (ens Sicaeeyiasem)eamraveune 2 25 4 sistent with the United States Constitution and Ped- ral law applicable to Puerto Rieo, and the State of Puerto Rico's laws and vonstitution (8) Contsurry oF baws— (A) TenwrroRY Law.—All of the territory laws in foree in Puerto Rico shall eontinue in force and effeet in the State, exeept as modified by this Act, and shall be subject to repeal or amendment by the Legislatu and the Gov- ‘emor of Puerto Rico (B) PepeRat, Law.—All of the laws of the United States s all have the samo foree and of to the date of admission of Puerto Rico into the Union fect as on the date immediately pri as a State, except for any provision of law that treats Pnerto Rivo and its residents ferently than the States of the Union and their resi- dents, which shall be amended as of the date of admission to treat the State of Puerto Rieo and its residents equally with the other States of the ‘Union and their residents, (4) Unrrep stares crrizexstur—No prove sion of this Act shall operate to confer United States citizenship, nor terminate citizenship hereto lawfully acquired, nor restore citizenship terminated or lost, savn.cossetssereonsan (esas) Saas inseam)omniaconrmaonzn 631 x0Mt 6 under any law of the United States or under any treaty to which the United States is or was a party. SEC. 8. SEVERABILITY. Ita provision of this Act, or any seetion, sub: scotion, sentence, clause, phirase, or individnal word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of tho application of any such provision, seetion, subsection, sentence, clause, phrase, or individual word to other per- sons and ciremstances slaall not be affected thereby. pnLcoezesecceraoetam —ssn9) Simos aieitrasan)